The following Property guidance note Produced in partnership with Mike Blair of Gillespie MacAndrew provides comprehensive and up to date legal information covering:
Tenants under 1991 Act Tenancies benefit from substantial security of tenure and statutory tacit relocation. Parties are free to make provision for rent review in their contract of lease, but subject to that rent review is regulated by the Agricultural Holdings (Scotland) Act 1991, s 13 (AH(S)A 1991) which deals with variation in rent after the contractual ish has expired and at prescribed intervals thereafter.
Almost all 1991 Act tenancies are running on tacit relocation. Rent review is therefore, in almost every case, governed by AH(S)A 1991, s 13. This procedure cannot be contracted out of, although the parties may agree a variation of rent between themselves at any time. In Moll it was held that the view that it was not competent to contract out of the statutory rent review mechanism in 1991 Act, s 13. However, in that case, one lease dated from 1944 and another from earlier, and in 1977 the parties sought to modify a lease then running on tacit relocation by linking rent to review on indexation (RPI). However this does not mean that in the (in practice unheard of) situation that parties agreed a completely new 1991 Act tenancy rather than rely on tacit relocation, it would be impossible to set rent on
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